Chesterfield Township will take their case against Rosie O’Grady’s to the state Supreme Court after a recent loss in the Michigan Court of Appeals.

Following a closed session at their meeting June 2, Chesterfield Township Board members voted 4-3 to file an application with the Michigan Supreme Court to appeal the recent ruling. The state’s “court of last resort” has the right to choose which cases it will review out of the more than 2,000 applications it receives each year.

Board members who voted in favor of directing the township attorney to file with the court were Supervisor Michael Lovelock, Treasurer Linda Hartman and Trustees Christine Bell and Brian Scott DeMuynck. Clerk Cindy Berry and Trustees Hank Anderson and David Joseph voted against.

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The case between Chesterfield Township and the 23 Mile Road establishment stems from water and sewer tap fees of about $41,000 assessed by the township in 2009. Chesterfield argued the fees reflected a fair payment of major capital improvements of the sewer system, while attorneys for Rosie O’Grady’s argued the fee was a disguised tax, not a regulatory user fee.

In March 2012, township officials decided to appeal a Macomb County Circuit Court ruling that cleared the restaurant from having to pay the fee, which the court ruled was an improper tax. Last month, an opinion out of the Michigan Court of Appeals upheld the lower court’s ruling that the sewer privilege fee, which totaled $30,000, was a tax passed in violation of the Headlee Amendment and could not be collected by the township.

“They were charging Rosie’s $30,000; we had already tapped the system and were getting nothing in return for having to pay $30,000,” said Gary Gendernalik, attorney for Rosie O’Grady’s/Fox LLC. “(The owner) paid his regular property taxes, but he never paid that bill for the township.”

After the court of appeals ruling was released last month, Gendernalik, a former chairman of the township planning commission, said the win was “most definitely” the result he was hoping for. But after last week’s action, he said he’s disappointed the township is “prolonging the inevitable” and continuing to appeal a decision upheld by four different judges.

Gendernalik expects to file a motion to have a judge determine any attorney fees the township owes to Rosie O’Grady’s. The trial court initially denied Rosie’s request for attorney fees from the township, but the recent court of appeals ruling said the property owner is entitled.

After the June 2 vote to move the matter to the Michigan Supreme Court, Joseph expressed his disapproval of the outcome.

“I can’t tell you how much I wholeheartedly disagree with this decision,” Joseph said. “I encourage every resident to read that opinion; take a look at what we’ve done to an honorable business owner in this community.

“He goes to court and is upheld by Judge (James) Biernat five years ago. We dragged him to the court of appeals because we can ... we make this guy’s life a living hell. When we lose in the court of appeals, we triple down and they say we’re going to go to the state Supreme Court.”

Lovelock did not return calls for comment. Township attorney Robert Seibert refused comment.